It is the responsibility of a correctional facility to inform a Court if a person is detained beyond a certain time
Published by Paragon Legal Services on 14th
May, 2021
In Ontario, there is a Provincial Practice Advisory for a 90 day detention review according to section 525 of the Criminal Code. The purpose of this review is to notify Crown counsel and others of their obligations. For more information on eligibility for detention review for yourself or a loved one, contact a qualified legal consultant or firm today.
An inmate may be eligible for a 90-day detention review and when this period is reached, the correctional facility must notify and bring an application to the court. They must also notify the trial coordinator and the court administration to ensure the detention review is carried out.
A hearing is then
scheduled for the inmate's detention review with a presiding judge making inquiries
into the nature of the hearing. The judge can also give directions to the Crown
and defense counsel as to their responsibilities for providing a record of the
hearing.
In Ontario, for more information about your detention
review if you are detained and to find out if you are eligible, contact Paragon Legal Services for
further assistance.
If an accused person is
represented by counsel, the judge that scheduled the review for hearing can
make inquiries about the necessity of a transcript of any bail hearing that
previously took place as well. Those inquiries can include the basis of the
detention review after 90 days, whether any delays have occurred and the reason
for the delays.
The main points that a
judge may also inquire into are the allegations of the detained person. They
may inquire into the existence of a criminal record or any outstanding charges,
whether any evidence was called at a previous hearing or bail hearing and
whether there are any plans for release or new sureties.
All of these inquiries can be daunting to someone who is detained and they should retain the help of a qualified legal professional in their defense. This legal professional can also argue that the accused has served their time after the 90 days has surpassed.
Persons can also represent themselves and a judge can ask for a bail transcript if this is necessary for self-represented persons. The judge may then make an order of payment to the court by the accused or detainee.
Paragon Legal Services can assist
with a detention review in Ontario for yourself or your loved one. Contact us
today to speak with a legal
professional or consultant.
